Back to top
From the archives - December 2015

Dealing with mistakes as a trainee solicitor

How to deal with mistakes you make as a trainee (or after qualifying)? We reproduce this article by the Society's senior policy and development manager, which has won praise on social media

Landlords: police or prisoners?

Students on the Aberdeen Law Project explain why the current Immigration Bill raises fears of discrimination becoming rife in the private rented sector

The evolving duty of trust and confidence

Have courts and tribunals gone further than necessary in implying a duty of mutual trust and confidence in a contract of employment? The author believes they have

The nobile officium: still relevant, still useful

What exactly is the nobile officium? Can it still be used? When and how? The author of a new book on the nobile officium encourages practitioners to understand its proper role

Reading for pleasure

This month's selection of leisure reading, chosen by the Journal's book review editor

Opinion: Davinia Cowden

For the first time we are seeing a real openness about employment issues within the profession such as the gender pay gap, and the time is right for a network such as Women in Law Scotland

Book reviews

Review of The Nobile Officium (Thomson)


Our profile highlights Naomi Pryde, Council member representing Scottish solicitors practising in England & Wales

President's column

The Society's engagement with – and provision of services for – members is taking another step up with the appointment of a new executive director. And its new office facilities promise much as well

One year on

Registers of Scotland page: a year after the 2012 Act regime came in, the Keeper reflects on what has been achieved – and the next goals that the Act makes possible

People on the move

Collected news of new appointments and practice changes

Equal with whom?

The pay gap affecting more senior women, as compared with male colleagues and some other women, plus the plight of legal aid lawyers, are among the notable points of this year's Journal employment survey

Sentences by the book

The newly established Scottish Sentencing Council is charged with improving understanding, and achieving greater consistency in sentencing. We report on how it hopes to achieve this

Weathering the storm

A depressed oil price means continuing difficulties for the UK offshore industry, but the economic situation presents its own opportunities for advisers

Law reform: securing a result

In this extract from an address on "The future of law reform in Scotland", the chairman of the Scottish Law Commission offers some ideas on achieving earlier legislation on law reform proposals

There ought to be a law

The Abusive Behaviour and Sexual Harm (Scotland) Bill aims to tackle some perceived social evils, but does it have the right formula? This article explains why the Society has concerns

Reform in the air

Changes to sheriff and jury procedure, and the possible extension of the presumption against short custodial sentences, feature in this month's criminal law roundup in addition to recent cases of note

Taking a stand against slavery

Corporate briefing: larger companies will soon have to report on steps they are taking to prevent slavery and human trafficking – a duty that is likely to affect any business within their supply chain

Where the bill falls short

Agriculture briefing: an update on the delegated powers in the Land Reform (Scotland) Bill, and on the various guidance notes now in place following agreement between landlord and tenant bodies

IP disputes and the corporate veil

IP briefing: a case currently before the Scottish courts has also thrown up issues of the liability of a director for alleged infringements by the company he controlled

Bar reports no more

Family briefing: child welfare reports have replaced bar reports, and with them come additional considerations for solicitors ahead of the court instructing a report

Dutee Chand – a marathon for a sprinter

Sport briefing: an Indian athlete has successfully challenged the regulations governing her ability to compete as a female with hyperandrogenism. On what basis did she succeed, and what happens next?

Scottish Solicitors Discipline Tribunal

Reports of cases relating to David James Clark; Richard Sutton Housley; Michael Louis Karus

Advance notices and letters of obligation

A year after the designated day, questions are still arising in relation to advance notices, and when a letter of obligation remains necessary. This month's property briefing attempts to address these

Another school round for YFIL

GLSS/COPFS programme opens more pupils’ eyes to a legal career

Aileen takes up key membership role

Aileen Caskie appointed as the Society's executive director of member services and engagement

Criminal practice note alert

The Society is meeting with practitioners and local faculties to discuss the obligations imposed by the Criminal Courts Practice Note No 3 of 2015, and the funding required

Law reform roundup

Recent work of the Law Reform department, including Abusive Behaviour etc Bill; parking offences; Apologies (Scotland) Bill; alcohol controls; IP rights: unjustified threats

My time for nothing

Professional Practice column: advice on a grievance regarding a client who took their business elsewhere after receiving initial advice

Mentoring: the neighbour principle

The Word of Gold: law firms who invest in mentoring are not only doing their people good, but doing good business too

Magic bullets

What does it take to defend a claim? In this month’s risk management advice the lead insurers under the Master Policy illustrate the importance of clear advice recorded on file

Recognising paralegals

In a new column for paralegals (and their employers), the Scottish Paralegal Association highlights its first annual Paralegal of the Year Award

Commission on a mission

From the Brussels office: the European Commission is still seeking to improve the internal market, and practitioners have an opportunity to influence plans for a Capital Markets Union

Ask Ash

Advice column: I'm being put under pressure for extra work despite my pregnancy

You had your say

Some comments from the Journal reader survey, and our thoughts in response